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But the vassals of these earledomes may in any cause of wrong appeale to the Kings Iudges, which reside in Canaria, as I haue sayd before: because although the king hath reserued to himselfe but onely the three fruitful Ilands, called Canaria, Teneriff and Palma, yet he also reserued the rod of Iustice to himselfe, because otherwise the vassals might be euil intreated of their Lords.
Thirdly, if he appeale to the Soveraign himself, and he by himself, or by Delegates which the parties shall agree on, give Sentence; that Sentence is finall: for the Defendant is Judged by his own Judges, that is to say, by himself.
Therein was also the appeale found of the dukes of Aumarle, Surrie, and Excester, the marquesse Dorset, the earles of Salisburie and Glocester; vnto the which ech of them answered by himselfe, that they neuer assented to that appeale of their owne frée wils, but were compelled thereto by the king: and this they affirmed by their othes, and offered to prooue it by what manner they should be appointed.
Upon the thursdaie, the commons came and rehearsed all the errors of the last parlement holden in the one and twentith yeare of king Richard, & namelie in certeine fiue of them. 1 First, that where the king that now is, was readie to arraigne an appeale against the duke of Norfolke, he dooing what perteined to his dutie in that behalfe, was yet banished afterwards without anie reasonable cause.
But the Soveraign is already agreed on for Judge by them both, and is therefore either to heare the Cause, and determine it himself, or appoint for Judge such as they shall both agree on. Secondly, if he appeale to any other Judge, he can appeale no further; for his appeale is his choice.
A Prince then ought to have a special care, that he never let fall any words, but what are all season'd with the five above written qualities, and let him seem to him that sees and hears him, all pitty, all faith, all integrity, all humanity, all religion; nor is there any thing more necessary for him to seem to have, than this last quality: for all men in general judge thereof, rather by the sight, than by the touch; for every man may come to the sight of him, few come to the touch and feeling of him; yvery man may come to see what thou seemest, few come to perceive and understand what thou art; and those few dare not oppose the opinion of many, who have the majesty of State to protect them: And in all mens actions, especially those of Princes wherein there is no judgement to appeale unto men, forbeare to give their censures, till the events and ends of things.
The duke of Aumarle threw downe his hood to trie it against the lord Fitzwater, as against him that lied falselie, in that he had charged him with, by that his appeale. These gages were deliuered to the constable and marshall of England, and the parties put vnder arrest.
And instantly I will away to Sherrys, There to appeale to the high Court of Justice: 'Tis time, I thinke, such slanderous accusations Assayling me; but there I shalbe righted. Fer. You shall not need to doubt it: come, Eleonora. Hen. What will become of me in this, I know not: I have a shrewd guese though of the worst.
These three therefore haue their place of residence in the chiefe City of the prouince: and the two former haue certaine associates of their owne order, but of inferiour authority, appointed in diuers Cities and Townes, vnto whom, according to the variety of causes, the Gouernours of Townes and the Maiors of Cities doe appeale.
The duke of Surrie stood vp also against the lord Fitzwater, auouching that where he had said that the appellants were causers of the duke of Glocesters death, it was false, for they were constrained to sue the same appeale, in like manner as the said lord Fitzwater was compelled to giue iudgement against the duke of Glocester, and the earle of Arundell; so that the suing of the appeale was doone by constraint, and if he said contrarie he lied: and therewith he threw downe his hood.
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